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I signed and gave $500 for a pre-approval hold on an Apartment. Now I have received a copy of the lease I am to sign by Friday, and I see things I don't like about the lease. Is there any way I can object to it based on issues in the lease that I don't agree with, and bail out and get my $500 back?

Submitted: 206 days and 9 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Alameda, California

Already Tried:
I only got the lease Tuesday and began reading it last night. It is 20 pages, and very strict. Also claims that the renter will be paying some percentage of the water, gas, garbage and sewage bills. This is concerning to me. No amount was named, and this was not told to me when I put the $500 deposit down. All I was told was that I would put the electric and phone in my name. This is reasonable. Thank you.

Posted by Robert Wichowski 206 days and 9 hours ago.

Info Request

Hi, thank you for choosing just answer.

Most leases will have a "time to accept" or if they require an advance deposit, there is usually some provision in the lease regarding the acceptance of the lease and how it is handled when one party wishes to cancel.

Have you tried speaking with the landlord or rental agency regarding the return of your deposit?

Did you sign any paperwork when you handed in your deposit?

206 days and 9 hours ago.

Reply

This is a somewhat competitive apartment, and the company required a $500 to hold the place, and I did sign two pages (not the lease) at that time. This said that I had 3 days to back out. I didn't expect the lease to have things that are unusual. I am suppose to sign the lease by Friday, which is for one year. So if I back out before I sign that, the idea is that they get to keep my deposit of $500. However, that does not seem right to me if I am backing out due to their lease requirements of which I was not informed. Mainly about the extra expenses that are not clearly disclosed.

I have not yet spoken to them about it. I wanted to gather information first. The rental staff person is not easy to deal with.

 

thanks

Posted by Robert Wichowski 206 days and 9 hours ago.

Answer

Were you given the lease at the same time as you signed the other papers?

If you were, then that three day period could reasonably be the "buyer's remorse" or rescission period for the $500.00 I can't answer for sure without physically reviewing what you signed.

My thoughts would be these:

1) carefully review the lease itself and see if it makes any provisions for how initial or pre-deposits are held. Take a look and see if it deals with a "time to accept" usually leases will have such a clause in them and state that all sums paid thereunder are refundable.

2) Call the rental agency (if the staff person is giving you the run around, talk to the rental manager) and tell them the situation. Let them know that the fees and expenses are coming as a complete shock to you and no where were they mentioned when you gave your deposit and you are having second thoughts about renting from them.

I'll be honest with you (don't shoot the messenger here), if you signed something saying that the $500 deposit is non-refundable outside of the three days, unconditionally, then there's not much that you can do except to play on their sympathies.

However if you gave the $500 with the understanding that there would be a lease review period, then you have a good shot.

If they didn't give you the lease until the three days have expired, or if it's been less then three days since you received the lease to review you have an argument that you should be entitled to cancel based on a full three day rescission/review period.

Another option would be to actually try and negotiate some of the expenses in the lease. However if, as you said, it's a competitive apartment, they'd just as soon take your money and rent to someone else.

Let me know if you have any questions on this. I get the feeling that there's more to this then has been said. Feel free to follow up, you won't be charged anything more.

If I've answered your question, please click on the green accept button, if I have not, feel free to continue your questioning. Positive feedback is always welcomed.

206 days and 8 hours ago.

Reply

Thank you for your help. I have to leave as I have another appointment right now.

 

But, they did not give me the lease until 2 days ago. The deposit paperwork was 2-weeks ago. So I didn't know that there would be other expenses at the time I gave the deposit to hold the apartment. However, I believe that the manager/rental staff person would verbally say she told me, as that seems to be her M.O., to claim that she has been "very thorough" even when she has not been.

 

How can I open this up again another time?

 

thanks,

Posted by Robert Wichowski 206 days and 7 hours ago.

Answer

If you only got the lease 2 days ago, I would say that your best chance of success would be to argue that the initi agreement called for a three day review period that you can say would not start until you got the lease for review. Send a letter today certified saying that you are exercising your rescission rights under the agreement based on a review of the lease. You want a paper trail showing a cancellation within 3 days of getting the lease. Keep in mind that if the deposit is nonrefundable, you may not get it back but you want it clear to them what you are doing. Make sure to request your 500 back in the letter.

Just keep replying if you have more questions. Hope this helps

205 days and 23 hours ago.

Reply

So I think you are suggesting that legally I have no real standing. I can try to negotiate with them, and use a paper trail, perhaps for small claims later?

I just want to know when I meet with them where the law stands on this. It seems at least unethical for them to hold back my deposit when they didn't mention the extra fees to me beforehand.

thank you for your help.

Accepted Answer

According to the principles of contract law, and based on what you are telling me, they kept a apartment open in a fairly competitive complex open for you in exchange for $500. So you would have two separate contracts in this situation, the first dealing with your $500 pre deposit and the second the actual lease itself. There was opportunity to get your $500 back within three days. Absent a clause in the contract or one of the papers that you have signed to the contrary, no there's not a whole lot to be done.

In my opinion, your best chance of preserving your rights and the best argument you might have to get your money back would be to claim that the three day rescission period didn't start until you received the lease. If they don't return your deposit, you want to be able to show the small claims court that you exercised your rights of rescission and have proof of same.

A very common saying in the law is "there is no right without remedy" meaning that even if they were legally required to give your deposit back, if they don't your recourse would be the same as if they were not required and that would be to sue them in small claims court.

When speaking to them, I would absolutely bring up the fact that you are canceling the contract within three days of receipt of the lease, and these extra fees were never mentioned to you when you put the deposit down.

Let me know if you have any further questions and good luck!

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Expert: Robert Wichowski
Pos. Feedback: 91.7 %
Accepts: 
Answered: 4/30/2009

Attorney

4 years in the general practice of law in the State of Connecticut

205 days and 13 hours ago.

Reply

Thank you for you assistance. I will see what happens.

Kimberly

Posted by Robert Wichowski 199 days and 4 hours ago.

Answer

Please keep me updated if you can as I'm interested to know the outcome!

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